Delivery of the Goods is required sixty (60) calendar days after receipt of Notice to Proceed (NTP). Piece count: You can set the unit weight of the sample (item to be weighed) and then "count" the. It may also be downloaded free of charge from the Philippine Government Electronic Procurement System (PhilGEPS) website and the website of the procuring entity, provided that bidders shall pay the applicable fee for the bidding documents no later than the submission of their bids.
All bids must be accompanied by a bid security in any acceptable form and in the amount specified in Article 18 of the ITB.
G ENERAL
- Scope of Bid
- Source of Funds
- Corrupt, Fraudulent, Collusive, and Coercive Practices
- Conflict of Interest
- Eligible Bidders
- Bidder’s Responsibilities
- Origin of Goods
- Subcontracts
Government-Owned or Government-Controlled Corporations (GOCCs) may be eligible to participate only if they can demonstrate that (a) they are legally and financially independent, (b) they operate in accordance with commercial law, and (c) they are not affiliated agencies of the procuring entity. . Failure to comply with any of the above obligations is the responsibility of the provider concerned. Unless otherwise specified in the BDS, the provider may subcontract parts of the goods to the extent that can be approved by the client and specified in the BDS.
In the event that a subcontractor is not eligible by the contracting authority, the subcontracting of such part of the goods will not be permitted.
C ONTENTS OF B IDDING D OCUMENTS
Pre-Bid Conference
However, subcontracting of any part does not relieve the Bidder of any liability or obligation arising out of the contract for this Project. Subcontractors must submit the document requirements in accordance with ITB Clause 12 and comply with the eligibility criteria specified in the BDS. The bidder may identify the subcontractor to whom part of the goods will be subcontracted at any time during the bidding process or during contract performance.
If the Bidder elects to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid.
Clarification and Amendment of Bidding Documents
Potential bidders may request clarification and/or interpretation of any part of the tender documents. Supplementary Bulletins/Offers may also be issued at the initiative of the Procuring Entity for the purpose of clarifying or modifying any provision of the Tender Documents no later than seven (7) calendar days before the deadline for submission and receipt of offers. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the PhilGEPS and the website of the said Procuring Entity, if available, and in any visible place on the premises of the said Procuring Entity.
However, bidders who submitted bids prior to the issuance of the Supplementary/bid bulletin must be informed and allowed to amend or withdraw their bids in accordance with ITB clause 23.
P REPARATION OF B IDS
- Language of Bid
- Documents Comprising the Bid: Eligibility and Technical Components
- Documents Comprising the Bid: Financial Component
- Alternative Bids
- Bid Prices
- Bid Currencies
- Bid Validity
- Bid Security
- Format and Signing of Bids
- Sealing and Marking of Bids
A statement of the offeror's SLCC similar to the contract to be offered, in accordance with clause 5.4 of the ITB, during the relevant period as specified in the BDS. Unless otherwise stated in the BDS, the financial component of the offer must contain the following: The offeror must fill in the rates and prices for all items of goods described in the Price List.
Unless otherwise specified in the BDS, payment of the Contract Price shall be made in Philippine pesos.
S UBMISSION AND O PENING OF B IDS
- Deadline for Submission of Bids
- Late Bids
- Modification and Withdrawal of Bids
- Opening and Preliminary Examination of Bids
The letter of withdrawal must be executed by the duly authorized representative of the Bidder identified in the Omnibus Affidavit, a copy of which must be attached to the letter. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiry of the bid validity period specified by the Bidder on the Financial Bid Form. Postponement will be posted on the PhilGEPS website and the website of the relevant Procuring Entity.
The notice will be issued within seven (7) calendar days from the date of opening of bids.
E VALUATION AND C OMPARISON OF B IDS
- Process to be Confidential
- Clarification of Bids
- Domestic Preference
- Detailed Evaluation and Comparison of Bids
- Post-Qualification
- Reservation Clause
The Procuring Entity must prepare the minutes of the proceedings of the bid opening which shall include at least: (a) names of Bidders, their bid price (per lot, if applicable, and/or including rebate, if any), bid security, findings of preliminary investigation, and whether there is a withdrawal or amendment; and (b) attendance sheet. The summary of bids as read and the minutes of the bid opening will be made available to the public upon written request and payment of a specified fee to recover costs of materials. The detailed evaluation of the financial component of the bid, to establish the correct calculated prices of the bid; and.
The ranking of the total bid prices thus calculated from the lowest to the highest. Failure to submit any of the post-qualification requirements on time, or a finding against the correctness thereof, will disqualify the offeror for award. An adverse determination shall result in rejection of the Bidder's Bid, in which case the Procuring Entity shall proceed to the next lowest calculated Bid with a new period to make a similar determination of that Bidder's ability to perform satisfactorily.
In the event of disapproval, which shall be based on valid, reasonable and justifiable grounds as provided in Section 41 of the IRR of RA 9184, Hope shall notify the BAC and the Bidder in writing of such decision and the reasons therefor. . When applicable, BAC will conduct a post-qualification of the Bidder with the next lowest calculated bid. A request for reconsideration may be filed by the bidder with Hope pursuant to Section 37.1.3 of the IRR of RA 9184.
For any justified and reasonable reason, where the award of the contract will not benefit the GOP as follows: If the funding source for the project has been withheld or reduced through no fault of the contracting entity.
A WARD OF C ONTRACT
Contract Award
Based on the following reasons, the client reserves the right to reject any and all bids, declare a bid unsuccessful or not to place an order at any time prior to placing an order, without assuming any liability or giving any guarantee. that a contract will be concluded based on the bidding:. If there is prima facie evidence of collusion between the relevant public officials or employees of the procuring entity or between the BAC and any of the bidders, or if there is collusion between or among the bidders themselves or between the bidder and a third party, including any act of restraint, inhibits or eliminates or tends to limit, suppress or eliminate competition; If it is determined that the client's BAC did not follow the prescribed tendering procedures; or
If the physical and economic conditions have changed significantly so as to make the project no longer economically, financially or technically feasible as determined by Hope;. ii). Subject to clause 29 of the ITB, the Bidder or its duly authorized representative shall award the contract to the Bidder whose bid is determined to be the LCRB. Before the expiration of the bid validity period, the Procuring Entity shall notify the successful bidder in writing that its bid has been accepted, through a Notice of Award duly received by the Bidder or its representative in person or sent by mail. registered mail or email. the receipt of which must be confirmed in writing within two (2) days by the Bidder to the LCRB and delivered personally or sent by registered mail or electronically to the Procuring Entity.
Notwithstanding the issuance of the Notice of Award, award of contract is subject to the following conditions: In the case of procurement through a Philippine foreign service office or post, the PhilGEPS registration number of the winning foreign bidder;. At the time of award of the contract, the Procuring Entity shall not increase or decrease the quantity of goods originally specified in Section VI.
Signing of the Contract
Performance Security
For offers made by LGUs, Bank Draft/. The Guarantee or Irrevocable Letter of Credit may be issued by other banks certified by the BSP as authorized to issue this financial instrument. Failure of the successful bidder to comply with the aforementioned requirements shall constitute sufficient grounds for cancellation of the award and forfeiture of the bid security, in which case the Procuring Entity shall have a new period to begin and complete the subsequent qualification of Second lowest bid calculated. The procedure will be repeated until the LCRB is identified and selected to recommend the award of the contract.
Notice to Proceed
Protest Mechanism
16.1(b) Bid prices for Goods delivered from outside the Philippines are quoted in Philippine pesos. This contract shall be construed in accordance with the laws of the Republic of the Philippines. Ten percent (10%) of the amount of each payment will be withheld by the contracting authority to cover the supplier's warranty obligations under this contract, as set forth in GCC clause 17.
The performance security will remain valid until the Certificate of Final Acceptance is issued by the Procuring Entity. The performance security may be released by the Procuring Entity and returned to the Supplier upon the issuance of the Certificate of Final Acceptance subject to the following conditions:. The Procuring Entity shall promptly notify the Supplier in writing of the identity of any representatives retained for these purposes.
The supply of goods and/or the performance of services is carried out by the supplier in accordance with the timetable prescribed by the client in section VI. Arbitration may commence before or after delivery of goods under this Agreement. Supplier's liability under this Agreement shall be governed by the laws of the Republic of the Philippines, subject to any additional provisions set forth in the SCC.
The Procuring Entity shall terminate this Contract for non-payment when any of the following conditions attend its implementation:. Before recovery can be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery can be made. All decisions recommended by the CTRC shall be subject to the approval of the HoPE; and. h).
Risk and title shall pass from the Supplier to the Procuring Entity upon receipt and final acceptance of the Goods at their final destination. Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in Section VI. The Goods remain at the risk and title of the Supplier until their final acceptance by the Procuring Entity.
